Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-06-12

"A 80 N84 q . Hll AAAllHs
And n there 10 any stngis faet proved
10 this eAss b. . prependsranes o. ss1.
deDee walsh 10 BeceassEliy tBeonsisssn'
viii rs guilt Of The defendant. that !
aufzsient 70 show roasonAbis dOaet 81
hia g1ilt and sDtitie him 20 an seqaiftal
Tas dafendant haa not assn 90 - pa
himself up0u shs stsnd - testify ~
wit1sss. Yea vii nos allow any infer
oncs Of Ruiit 70 aTiss against him Dc
eanse Of his fsilnrs 70 testify - wtt
ness In bis own behalf.
The Enis 81 Lac n regard 70 ciFe1m
stastial evidences 10 thai 20 warrant
eonwiotion on . criminal charge on CIR
eumstantial eTids1ee alone. the eifcam
stances ah0uid be s1ch - 10 pfo61cs ~
sane degree Of certainty Ia tue mind q
that witch arises from direct testimony
and safn sent 10 sxslads ell FeasOnablc
doubt o, the Rniit Of the accused.
when The sxidsnos fails 10 show snl
sufn sien5 motive 10 commit the cr1ms
charged on the part Of the accused, TIM
II a circumstances IN favor Of his tnns
Genes, ard ifin this ease tie Jury bellev.
shss the svids1os fails to shov any saek
motive on the pAFs Of the aesased, theE
the iary shOuid consider such failure ID
oonneosson VITA ali the other evidsncs
In tbs osss 10 making ap theiF verdict
will say so@ething farther 20 yor
gentlemen on thai question Of motive
before close.
sons testimony has been RivsC
here % ahoW that sou 6 Of the witnesses
have made statements elsewhere dihsR
ing from the statements made bsfoFs
yOa here. instrust you that she rails
l., II the witness has Wiilfully sworn
falsely up5n any mAtsFial point, YET
will b. allowed 10 reject the eatiFe tes-
timony OF that witness - unreliable
ualeaa ooFrobsFated b. other facts IN
evideDoe.
IfVou dad srsm the svidsnss that the
conduot Of the defendant Is and about
the time Of the killing and arrest was
psouiiar and eal5aiatsd 10 excite suspi-
zion against him; still, II such oonduoi
can be reasonably attributed to acy
other motive OF ssuse than THAI Of G
consciousness Of guilt Of the erims
charged In she sndiotmens and that sp-
pears from the evidences, then IL should
81 90 attributed and explained ~ toe
iury, and IL 10 can be 50 explained from
Iae evidence, sach oonduot sboald not
BE- regarded a. any evidence Of bis
RuiIa Of the crime charged.
A. regards the defense OF an alibi,
instruct you shat the defendant 10 NOT
requiFod 20 grove that defense beyond q
Reasonable d0uba, nor sven By Q psepon.
deFanoe Of the svidenes. 70 entftle him
10 az aoqaittaI. II is sufioisnt upon
that point II the evidences raises q Tea-
sonablO doabs Of his presence a. or par
sioipation IA the crime at the time and
place Of ita oommissi0n, and II, after q
CAREFUL consideration Of al the evil
denos, yoa entertain q reasonable doubl
a. 20 whethsr defendant vas present al
his home at ths time said murder va
committed and did not participate
therein, 10 IL 9 rule Of Law, intsxibla in
IL opeFation, that the Jury must give
the benefit Of that doubt 10 the prisoner
al the bar and aequit him.
Il IL said by counsel TO you that thil
case has BEEN tried nov for the third
tine and that the evidence at this tFia
IL substantially the same as at th,
former triAls, and you have been re-
minded Of the results Of the formsl
trials.
Gentlemen, there IL no proof befoFl
I
/ stantiAlly the same ~ ct any othe
| trial. So far as your duty is ssnoerneS
this case stands exactly as though i
had never been tiled at all and yoV
have nothing 10 do with apy result o.
failure OF result upOn any forme
trials. You have to dstsrmin,
for voaFselv whether the defeadan
10 guilty or not guilty upon the svideHc'
gwen here before you. No other iur,
mas ever PASSED upon that question. snl
You alshe are responsible for the YER
dict you shall give.
Gentlemen, | Instruct you that If il
the consideration OF the evidences yoI
are abs 10 find motive existing on lh,
part OF the defendant for the commits
sion Of this crime, then you will con
Q der that motive 80 far as II helps yOl
To determining the question Of hi
guilt or iRnoceHoe; but II there ia d
evidence showing TO your satisfaction
motive on bis part for the commission
Of this crime. ana you are still satisfied
beyond q reasonable doubt that the de
fendaRt did commit tue crime charged
u is still your duty TO End q verdict o
guilty.
Counsel, In their zsal in this case
have made staten -uts IN ark ument O
supposed wrongs committed in oths
casss and In foreign eountry. Gen
tlsmen, there is no evidence vhateVer O
the truth or falsity of the statements a
made; and. whether they are true o
false, they have nothing whatever to q
with the case you have here to try.
is not material here whether somesod
else has heretofore been guilty or no
guilty Of q crime. The osly question
here is, 10 the defendant guilty or inao
cent
In this case, gentlemen, II is you
duty 10 carefully consider aud eompart
ell the circumstances in evidence anG
all the evidence OF every kind intro
daced here, and endeavor 20 reconcile Il
II you can, 80 10 will haFmsnizs will
itself. You may not be able TO do that :,
touF satisfaction, or perhaps not at all
10 that case you will be able to satisfy
your ild9msnt by considering whether
the circumstances or facts you are IA.
able to reconcile With other oiEoum
stances or facts are necessarily Q par
Of the same set Of circumstances CT
the same group Of faots. Aud " yoI
and that they do not necessarily form /
1 kNAAA Va wv a1AAN 20 W N1NGlAlhNAL Uci
OF the same group OF facts In evidence
and that they are not naturally con
nected vita oF forming part OF the
same set OF facts, you will, perhaps, bs
able to reisct them - being paEi oil
sOme other set Of facts. or not furnish
ine yoa any assistance in Determining
the truth OF the issue before you.
10 the case Of q conflict Of evidence,
therefore, II you cannot reconcile al
the facts and circumstances, you ara Al
liberty 10 reject she fact or facts not &C
reconcilabls, unless you fiud they are
naturally, or are shoun By tas evidences
90 be, . part 81 group Of facts leading
ap TO the issue befoFs VOC.
Are the iEreconcilable facts material
Are thew satisfactorily proved 30 BE-
faossf Things apparently little. gentle
ruen, sometimes become OF Immense
Importance. and. as IN this case, the de.
feadAnt sets 40 an abb, the burden ID
90 him 10 prove Il. And be attempts %
prove it before you, and oonseq aeutly
500 are justified in scanning that testi.
mony offered With the same close scra-
Tiny that yos ought 70 scan all other evi-
dence offered. Many little points NAV
become extremely prsmineat. for In
stance, tie question Of time. This de-
fense h ofteo easily made 90 the satis-
factioa % the Courts and iaFies By per
feosly satisfactory proof Of the fact that